LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jayalax (self employed preofessional)     27 July 2009

Charge sheet by Police

In a dowry harassment case, the accused No 1, is absconding.(USA).

The 2nd , third and fourth accused have obtained restraining order against Police harrassing them,
But the Magistrate has advised the police to get on with investigation.

Does it restrain the police from from investigating and filing charge sheet agaisnt all even though the accused no. is absconding?(A.P.State).


 6 Replies

K.C.Suresh (Advocate)     28 July 2009

Yes. Police can proceed with the case and file final report U/s 173 Cr.P.C

Jayalax (self employed preofessional)     28 July 2009

Thanks. Appreciate the reply/

Sachin Sarda (Lawyer)     28 July 2009

 Under Section 299 of criminal procedure code, the investigation authorities can file charge sheet, and  case can be dispose  in absence of the absoncding accused. 

1 Like

Jayalax (self employed preofessional)     27 August 2009

Hi, thanks for the reply I got earlier to my question. The Police are still not prepared to frame the CC. They are giving all sorts of excuses. We do not know what to do.


The wife had filed FIR for dowry harassment , absconding and not granting her legal recourse. .


 Meanwhile she applied for divorce in family court  and asked for maintenance. The divorce was granted ex-party and certain amount was granted  as one time settlement. The husband is still absconding


She has been advised by her husband’s lawyer that the money has been deposited in the family court. . The husband is still absconding .


Her in laws ( who are shielding the husband) are spreading the  rumour that her dowry case does not hold good now since she has been granted divorce by family court and settlement made.


If she accepts the 5 lacs from family court , will it mean that the 498A case may get weakened.?.


Is it true the dowry case can be quashed by high court based on family court ruling?


Kindly advise.



PARTHA P BORBORA (advocate)     28 August 2009

1 Like

Dharmesh Manjeshwar (Advocate/Lawyer)     28 August 2009

The police can conduct investigations and file chargesheet against all the accused .....

No the 498A case will not be weakened if the wife accepts the 5 lacs alimony amount ..... The High Court will not quash the 498A case just on the basis of the Family court's verdict ..... Infact the wife here has been granted an ex-parte divorce ........ which means that all her allegations/reasons for taking divorce have gone unchallenged .....

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register